IMPORTANT GST JUDGMENT FY 2024-25

πŸ›οΈ Supreme Court

1. Chief Commissioner of CGST & Ors. v. M/s Safari Retreats Pvt. Ltd. & Ors.

  • Case No.: Civil Appeal No. 2948 of 2023

  • Date: October 3, 2024

  • Court: Supreme Court of India

  • Key Issue: The Supreme Court upheld the validity of Section 17(5)(d) of the CGST Act, which restricts Input Tax Credit (ITC) on goods or services used for constructing immovable property. Lawfoyer​


βš–οΈ High Courts

2. Tvl. Kalyan Jewellers India Ltd. v. Union of India

  • Case No.: W.P. No. 5130 of 2022

  • Date: November 27, 2023

  • Court: Madras High Court

  • Key Issue: The court held that vouchers are neither goods nor services under GST, aligning with Schedule III of the CGST Act. Indian Kanoon​

3. M/s. Sree Ramu College of Arts and Science v. Authority for Clarification and Advance Ruling

  • Case Nos.: W.P. Nos. 11038 of 2022 & 5967 of 2023

  • Court: Madras High Court

  • Key Issue: Services related to grant or renewal of university affiliation are not exempt under Entry No. 66 of Notification No. 12/2017-CT (Rate), as they are not related to admission or conduct of examination. ​TaxGuru+3Indian Kanoon+3Indian Kanoon+3

4. Mahavir Sharmik and Nirman Swalambi Sahkari Samiti Ltd. v. State of Bihar

  • Case No.: CWJC No. 7635 of 2023

  • Date: December 4, 2023

  • Court: Patna High Court

  • Key Issue: Activities like waste collection and sanitation work, without supply of goods, do not constitute a ‘works contract’ and are thus exempt from GST. ​CaseMine+1TaxGuru+1Indian Kanoon+5SCC Online+5LawCrux+5

5. Tvl. Kavin HP Gas Gramin Vitrak v. Commissioner of Commercial Taxes

  • Case Nos.: W.P. (MD) Nos. 7173 & 7174 of 2023

  • Date: November 24, 2023

  • Court: Madras High Court (Madurai Bench)

  • Key Issue: The court observed that the GST Network’s lack of provision for filing returns without payment restricted dealers from claiming ITC, highlighting the need for system enhancements. Indian Kanoon​

6. Hari Om Metals v. Commissioner of CGST

  • Case No.: W.P. (C) No. 16664 of 2023

  • Date: January 11, 2024

  • Court: Delhi High Court

  • Key Issue: The court emphasized that retrospective cancellation of GST registration, leading to denial of ITC to recipients, should only occur when justified and warranted. CaseMine​

7. M/s. Een Een Sales Corporation v. Assistant Commissioner of CGST

  • Case No.: W.P. (C) No. 331 of 2024

  • Date: January 10, 2024

  • Court: Delhi High Court

  • Key Issue: Show cause notices and cancellation orders lacking specific reasons were deemed vague and invalid. Indian Kanoon​

8. Anvita Associates v. Union of India

  • Case No.: W.P. No. 602 of 2024

  • Date: January 15, 2024

  • Court: Bombay High Court

  • Key Issue: The petitioner was allowed to rectify inadvertent errors in GSTR-1 filings for the year 2017–18. Indian Kanoon​

9. Eicher Motors Ltd. v. Superintendent of GST and Central Excise

  • Case Nos.: W.P. Nos. 16866 & 22013 of 2023

  • Date: January 23, 2024

  • Court: Madras High Court

  • Key Issue: The court held that if tax amounts are credited to the cash ledger within the prescribed time, interest on delayed payment does not arise.

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